Article 3
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Relevant statutory provision | Subject of provision | Old limits | New limits | |
| 1 | Section 145E(3) of the 1992 Act(20) | Amount of award for unlawful inducement relating to trade union membership or activities, or for unlawful inducement relating to collective bargaining. | £2,700 | £2,900 |
| 2 | Section 156(1) of the 1992 Act(21) | Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 152(1) or 153 of the 1992 Act. | £4,200 | £4,400 |
| 3 | Section 176(6A) of the 1992 Act(22) | Minimum amount of compensation where individual excluded or expelled from union in contravention of section 174 of the 1992 Act and not admitted or re-admitted by date of tribunal application. | £6,600 | £6,900 |
| 4 | Section 31(1) of the 1996 Act | Limit on amount of guarantee payment payable to an employee in respect of any day. | £19.60 | £20.40 |
| 5 | Section 120(1) of the 1996 Act(23) | Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 100(1)(a) and (b), 101A(d), 102(1) or 103 of the 1996 Act. | £4,200 | £4,400 |
| 6 | Section 124(1) of the 1996 Act | Limit on amount of compensatory award for unfair dismissal. | £60,600 | £63,000 |
| 7 | Paragraphs (a) and (b) of section 186(1) of the 1996 Act | Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part XII of the 1996 Act applies and which is referable to a period of time. | £310 | £330 |
| 8 | Section 227(1) of the 1996 Act(24) | Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal. | £310 | £330 |
(This note is not part of the Order)
This Order increases, from 1st February 2008, the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order.
Under section 34 of the Employment Relations Act 1999, if the retail prices index for September of a year is higher (or lower) than the index for the previous September, the Secretary of State is required to change the limits, by Order, by the amounts of the increase (or decrease). The increases made by this Order reflect the increase in the index from September 2006 to September 2007.
The increases apply where the event giving rise to the entitlement to compensation or other payments occurred on or after 1st February 2008. Limits previously in force under the Employment Rights (Increase of Limits) Order 2006 (S.I. 2006/3045) are preserved by article 4 of the Order in relation to cases where the relevant event was before that date.
A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.
Section 145E(3) was inserted by the Employment Relations Act 2004, section 29. Back [20]
Section 156(1) was amended by the Employment Rights Act 1996, section 240 and Schedule 1, paragraphs 56(1) and 56(9). Back [21]
Section 176(6A) was inserted by the Employment Relations Act 2004, section 33(6). Back [22]
Section 120(1) was amended by the Working Time Regulations 1998 (S.I. 1998/1833), regulation 32(5). Back [23]
Section 227(1) was amended by the Employment Act 2002, section 53 and Schedule 7 paragraphs 24, 47(1), 47(2) and 47(3). Back [24]